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MATTHEWS v. CAMPBELL SOUP COMPANY

Civ. A. No. 73-H-1319.

380 F.Supp. 1061 (1974)

W. B. MATTHEWS, Plaintiff, v. CAMPBELL SOUP COMPANY, Defendant.

United States District Court, S. D. Texas, Houston Division.

August 13, 1974.

Attorney(s) appearing for the Case

Flatow & Hinojosa, Marc Flatow, Houston, Tex., for plaintiff.

Vinson, Elkins, Searls, Connally & Smith, Raybourne Thompson, Jr., and Robert A. Rowland, III, Houston, Tex., for defendant.

MEMORANDUM AND ORDER:

SEALS, District Judge.

This action is before the Court on a Motion for Summary Judgment filed by Defendant. In this diversity suit, 28 U. S.C. § 1332(a)(1), Plaintiff seeks to recover for injuries to his teeth and gums which were allegedly suffered while he was eating the contents of a can of Defendant's Oyster Stew Soup. Plaintiff claims that the injuries were caused by a small deleterious object in the soup. Plaintiff surrendered...

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